BILL NUMBER: AB 602	CHAPTERED  09/07/00

	CHAPTER   308
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 2, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 23, 2000
	AMENDED IN SENATE   AUGUST 14, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN SENATE   MARCH 27, 2000
	AMENDED IN SENATE   MARCH 13, 2000
	AMENDED IN SENATE   SEPTEMBER 10, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999

INTRODUCED BY   Assembly Member Florez

                        FEBRUARY 19, 1999

   An act to amend Sections 322, 23116, and 31405 of, and to add
Sections 31406, 31407, and 31409 to, the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 602, Florez.  Farm labor vehicles.
   (1) Existing law prohibits a person driving a pickup truck or a
flatbed motortruck on a highway from transporting any person in or on
the back of the truck, or from riding in or on the back of a truck
or flatbed motortruck being driven on a highway, but specifies that
those provisions do not apply if the person in the back of the truck
is being transported in an enclosed camper or camper shell that
prevents the person from being discharged.
   This bill would delete the exemption to that prohibition for
persons being transported in an enclosed camper or camper shell,
thereby expanding the scope of an existing crime and creating a
state-mandated local program.  The bill would also exempt any person
transporting one or more persons in the back of a truck or flatbed
motortruck owned by a farmer or rancher, if that vehicle is used
exclusively within the boundaries of lands owned or managed by that
farmer or rancher, including the incidental use on a highway, as
provided.
   (2) Existing law requires the Department of the California Highway
Patrol to adopt regulations designed to promote the safe operation
of farm labor vehicles, as described, including, vehicular design,
equipment, passenger safety, and seating.  Existing law also
prohibits any person from driving any farm labor vehicle, as
described, unless there is displayed therein a specified certificate
issued by the department stating, among other things, that the
vehicle complies with applicable regulations relating to
construction, design, and equipment.
   This bill, until January 1, 2007, would exempt from the seatbelt
and certificate requirements a farm labor vehicle that meets a
specified definition in the Vehicle Code relating to buses, meets all
state and federal standards for safety and construction, and is not
currently required to have seatbelts.  The bill would require that,
on or after January 1, 2007, any farm labor vehicle that meets those
specified conditions be equipped at each passenger position with a
seatbelt assembly, as specified, unless exempted from this
requirement under certain regulations promulgated by the department.

   The bill, on and after March 31, 2002, would prohibit any person
from being transported in a farm labor vehicle that does not have all
passenger seating positions in compliance with specified federal
regulations, and would prohibit any person from installing a seat or
seating system in a farm labor vehicle unless that seat or seating
system is in compliance with specified federal regulations.
   The bill would require all cutting tools or tools with sharp edges
carried in the passenger compartment of a farm labor vehicle to be
placed in securely latched containers that are firmly attached to the
vehicle and would require all other tools, equipment, or materials
carried in the passenger compartment to be secured to the body of the
vehicle to prevent their movement while the vehicle is in motion.
The bill would prohibit these tools, equipment, or materials from
obstructing an aisle or emergency exit.
   Because a violation of these prohibitions would be a crime, the
bill would impose a state-mandated local program by creating new
crimes.
   (3) Existing law excludes from the definition of "farm labor
vehicle" in the Vehicle Code any vehicle operated under specific
authority granted by the Public Utilities Commission or under
specific authority granted to a transit system by an authorized city
or county agency.
   This bill, notwithstanding the specified exclusion, would require
any vehicle owned or operated by or for a public transit system that
is purchased with specified funds and is used to transport
farmworkers for any farmworker transportation program to comply with
specified farm labor vehicle provisions and regulations relating to
annual farm labor vehicle inspection and certification, seatbelt
installation, illumination of headlamps, and storage and securing of
tools in passenger compartments.  Because a violation of this
requirement would be a crime, the bill would impose a state-mandated
local program by creating a new crime.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 322 of the Vehicle Code is amended to read:
   322.  (a) A "farm labor vehicle" is any motor vehicle designed,
used, or maintained for the transportation of nine or more
farmworkers, in addition to the driver, to or from a place of
employment or employment-related activities.
   (b) For the purpose of this section, a farmworker is any person
engaged in rendering personal services for hire and compensation in
connection with the production or harvesting of any farm products.
   (c) "Farm labor vehicle" does not include:
   (1) Any vehicle carrying only members of the immediate family of
the owner or driver thereof.
   (2) Any vehicle while being operated under specific authority
granted by the Public Utilities Commission or under specific
authority granted to a transit system by an authorized city or county
agency.
  SEC. 2.  Section 23116 of the Vehicle Code is amended to read:
   23116.  (a) No person driving a pickup truck or a flatbed
motortruck on a highway shall transport any person in or on the back
of the truck.
   (b) No person shall ride in or on the back of a truck or flatbed
motortruck being driven on a highway.
   (c) Subdivisions (a) and (b) do not apply if the person in the
back of the truck is secured with a restraint system.  The restraint
system shall meet or exceed the federal motor vehicle safety
standards published in Sections 571.207, 571.209, and 571.210 of
Title 49 of the Code of Federal Regulations.
   (d) Subdivisions (a), (b), and (c) do not apply to any person
transporting one or more persons in the back of a truck or flatbed
motortruck owned by a farmer or rancher, if that vehicle is used
exclusively within the boundaries of lands owned or managed by that
farmer or rancher, including the incidental use of that vehicle on
not more than one mile of highway between one part of the farm or
ranch to another part of that farm or ranch.
   (e) Subdivisions (a), (b), and (c) do not apply if the person in
the back of the truck or the flatbed is being transported in an
emergency response situation by a public agency or pursuant to the
direction or authority of a public agency.
   As used in this subdivision, "emergency response situation" means
instances in which necessary measures are needed in order to prevent
injury or death to persons or to prevent, confine, or mitigate damage
or destruction to property.
   (f) Subdivisions (a) and (b) do not apply if the person in the
back of the truck or flatbed motortruck is being transported in a
parade that is supervised by a law enforcement agency and the speed
of the truck while in the parade does not exceed eight miles per
hour.
  SEC. 3.  Section 31405 of the Vehicle Code is amended to read:
   31405.  (a) Except as authorized under paragraph (1) of
subdivision (e), every farm labor vehicle issued an inspection
certificate under Section 31401 shall be equipped at each passenger
position with a Type 1 or Type 2 seatbelt assembly, conforming to the
specifications set forth in Section 571.209 of Title 49 of the Code
of Federal Regulations, that is anchored to the vehicle in a manner
that conforms to the specifications of Section 571.210 of Title 49 of
the Code of Federal Regulations.
   (b) Except as authorized under paragraph (1) of subdivision (e),
the department may not issue an initial inspection certificate under
Section 31401 to any farm labor vehicle that is not equipped with a
seatbelt assembly at each passenger position, as described in
subdivision (a).
   (c) The owner of a farm labor vehicle shall maintain all seatbelt
assemblies and seatbelt assembly anchorages required under this
section in good working order for the use of passengers.
   (d) Except as authorized under paragraph (1) of subdivision (e) or
subdivision (d) of Section 23116, no person may operate a farm labor
vehicle on a highway unless that person and all passengers are
properly restrained by a seatbelt assembly that conforms to this
section.
   (e) (1) Until January 1, 2007, this section does not apply to a
farm labor vehicle that meets the definition in subdivision (a) of
Section 233, meets all state and federal standards for safety and
construction, and is not currently required to have seatbelts.
   (2) On or after January 1, 2007, any farm labor vehicle that meets
the conditions set forth in paragraph (1) shall be equipped at each
passenger position with a seatbelt assembly as described in
subdivision (a), unless exempted from this requirement under the
regulations promulgated under Section 31401.
   (f) The department shall adopt regulations to implement this
section.
  SEC. 4.  Section 31406 is added to the Vehicle Code, to read:
   31406.  (a) No person may be transported in a farm labor vehicle
that does not have all passenger seating positions in compliance with
Section 571.207 of Title 49 of the Code of Federal Regulations, as
that provision exists now or may hereafter be amended.
   (b) No person may install a seat or seating system in a farm labor
vehicle unless that seat or seating system is in compliance with
Section 571.207 of Title 49 of the Code of Federal Regulations, as
that provision exists now or may hereafter be amended.
   (c) This section shall become operative on March 31, 2002.
  SEC. 5.  Section 31407 is added to the Vehicle Code, to read:
   31407.  All cutting tools or tools with sharp edges carried in the
passenger compartment of a farm labor vehicle shall be placed in
securely latched containers that are firmly attached to the vehicle.
All other tools, equipment, or materials carried in the passenger
compartment shall be secured to the body of the vehicle to prevent
their movement while the vehicle is in motion.  Under no
circumstances shall those tools, equipment, or materials obstruct an
aisle or an emergency exit.
  SEC. 6.  Section 31409 is added to the Vehicle Code, to read:
   31409.  Notwithstanding paragraph (2) of subdivision (c) of
Section 322, any vehicle owned or operated by or for a public transit
system that is purchased with funds appropriated pursuant to Item
2660-103-0046 of Section 2.00 of the Budget Act of 2000 (Chapter 52
of the Statutes of 2000) or pursuant to Section 5309 of Title 49 of
the United States Code and is used to transport farmworkers for any
farmworker transportation program shall comply with the farm labor
vehicle provisions contained in, and the regulations promulgated
under, this chapter, relating to the following:
   (a) (1) Annual farm labor vehicle inspection and certification.
   (2) Following initial certification, the inspection and
certification of buses designed, used, or maintained for carrying
more than 15 persons, including the driver, shall be conducted during
the inspection required by subdivision (c) of Section 34501.
   (b) Seatbelt installation.
   (c) Illumination of headlamps.
   (d) Storage and securing of tools in passenger compartments.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
